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UNITED STATES v. DeLUTRO

No. 590, Docket 79-1274.

617 F.2d 316 (1980)

UNITED STATES of America, Appellee, v. Anthony DeLUTRO, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 6, 1980.

Attorney(s) appearing for the Case

Eugene Neal Kaplan, Asst. U. S. Atty., New York City (Robert B. Fiske, Jr., U. S. Atty., S. D. N. Y., Dominic F. Amorosa, Asst. U. S. Atty., New York City, of counsel), for appellee.

H. Elliot Wales, New York City, for defendant-appellant.

Before MULLIGAN, OAKES and GURFEIN, Circuit Judges.

MULLIGAN, Circuit Judge:

On October 24, 1975, after a five week jury trial in the United States District Court for the Southern District of New York, Anthony DeLutro was found guilty of conspiring to distribute narcotics in violation of Title 21 U.S.C. § 846, and of the actual distribution of a large quantity of pure heroin in violation of Title 21 U.S.C. § 841(a)(1). DeLutro was sentenced by Hon. Irving Ben Cooper on December 3, 1975 as a second felony...

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